ATKINSON v. ANDERSON

No. 4D09-2638.

77 So.3d 768 (2011)

Stephen ATKINSON, Appellant, v. Deborah B. ANDERSON and Michael O. Anderson, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 10, 2012.


Attorney(s) appearing for the Case

John R. Kelso of Levey, Filler, Rodriguez, Kelso & De Bianchi, LLP, Miami Beach, for appellant.

Richard F. Hussey of Richard F. Hussey, P.A., Fort Lauderdale, for appellees.


WARNER, J.

A co-tenant of a condominium unit sued the other co-tenant for ouster from the unit. After the trial court denied a motion for directed verdict, a jury found that the co-tenant had been ousted from the unit and awarded $21,000 in damages. The trial court, however, granted a motion for judgment notwithstanding the verdict, finding that there was no evidence of any communication, by the co-tenant in possession to the ousted co-tenant, that the cotenant in...

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